JUDGMENT

Bennet, J. - This is an appeal by four persons, Ram Charan, Ram Dayal, Bhimina and Jodha, who have been convicted by the learned Sessions Judge of Mainpuri, u/s 394, Penal Code, and sentenced to seven years' rigorous imprisonment each. The accused were charged u/s 396, Penal Code, by reason of having been participants in a dacoity in the house of Sahara Meghraj on the night of 5th and 6th March 1934, in. which Bahora Meghraj was killed. The learned Sessions Judge found that the prosecution case was proved, but because two other persons who are alleged to have taken part in the crime were not before him, the number of accused was less than five and therefore Section 396, Penal Code, did not apply and he says that the accused committed robbery and voluntarily caused hurt to the deceased which was the least proved against them. He therefore did not find that the accused persons had caused death of the deceased, but only that they caused certain injuries to the deceased. These nine injuries noted in the post mortem; report which foe found had been caused were external abrasions and would amount only to simple hurt. The sentence therefore was very severe for a robbery in which s